[USC02] 36 USC Subtitle II: Patriotic and National Organizations
Result 1 of 1
   
 
36 USC Subtitle II: Patriotic and National Organizations
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS

Subtitle II—Patriotic and National Organizations


Editorial Notes

Amendments

2014Pub. L. 113–237, §3(a)(2)(B), Dec. 18, 2014, 128 Stat. 2836, struck out item for part A "General", which consisted of item for chapter 101, and item for part B "Organizations", which consisted of items for chapters 201 to 2701.

2009Pub. L. 111–95, §1(b), Nov. 6, 2009, 123 Stat. 3003, added item for chapter 1404.

2008Pub. L. 110–254, §1(b), June 30, 2008, 122 Stat. 2421, amended item for chapter 1201 generally, substituting "Korean War Veterans Association, Incorporated" for "[Reserved]".

2002Pub. L. 107–252, title VI, §601(b), Oct. 29, 2002, 116 Stat. 1721, added item for chapter 1526.

Pub. L. 107–241, §1(a)(2)(B), Oct. 16, 2002, 116 Stat. 1496, substituted "AMVETS (American Veterans)" for "AMVETS (American Veterans of World War II, Korea, and Vietnam)" in item for chapter 227.

2000Pub. L. 106–474, title II, §201(b), Nov. 9, 2000, 114 Stat. 2095, added item for chapter 1524.

1998Pub. L. 105–354, §1(4)(B), (5)(B), Nov. 3, 1998, 112 Stat. 3241, 3244, added items for chapters 202 and 210.

Part A—General

CHAPTER 101—GENERAL

Sec.
10101.
Audits.
10102.
Reservation of right to amend or repeal.

        

§10101. Audits

(a) General.—Except as otherwise provided, the financial statements of each corporation in part B of this subtitle shall be audited annually in accordance with generally accepted auditing standards by an independent certified public accountant or independent licensed public accountant, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted where the financial statements of the corporation normally are kept. The person conducting the audit shall be given access to—

(1) all records and property owned or used by the corporation necessary to facilitate the audit; and

(2) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.


(b) Report.—(1) The corporation shall submit a report of the audit to Congress not later than 6 months after the close of the fiscal year for which the audit is made. The report shall describe the scope of the audit and include—

(A) statements necessary to present fairly the corporation's assets, liabilities, and surplus or deficit, and an analysis of the changes in those amounts during the year;

(B) a statement in reasonable detail of the corporation's income and expenses during the year including the results of any trading, manufacturing, publishing, or other commercial-type endeavor; and

(C) the independent auditor's opinion of those statements.


(2) The report may not be printed as a public document, except as part of proceedings authorized to be printed under section 1332 of title 44.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1283.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
10101(a) 36:1084 (less (b) (2d sentence cl. (2))). July 16, 1964, Pub. L. 88–378, §14 (less (b) (2d sentence cl. (2))), 78 Stat. 327.
  36:1101(1)–(76), (77) (related to Fleet Reserve Association). Aug. 30, 1964, Pub. L. 88–504, §1(1)–(76), (77) (related to Fleet Reserve Association), 78 Stat. 635; Dec. 15, 1975, Pub. L. 94–151, §2, 89 Stat. 809; Nov. 11, 1977, Pub. L. 95–167, §2, 91 Stat. 1348; Dec. 29, 1979, Pub. L. 96–165, §9(g), 93 Stat. 1272; Dec. 2, 1980, Pub. L. 96–489, §11, 94 Stat. 2554; Dec. 4, 1980, Pub. L. 96–497, §11, 94 Stat. 2596; Nov. 20, 1981, Pub. L. 97–82, §11, 95 Stat. 1093; Nov. 20, 1981, Pub. L. 97–83, §11, 95 Stat. 1095; June 1, 1982, Pub. L. 97–192, §11, 96 Stat. 110; Aug. 9, 1982, Pub. L. 97–231, §11, 96 Stat. 257; Aug. 10, 1982, Pub. L. 97–234, §11, 96 Stat. 263; Jan. 8, 1983, Pub. L. 97–427, §11, 96 Stat. 2266; Apr. 10, 1984, Pub. L. 98–257, §11, 98 Stat. 128; June 12, 1984, Pub. L. 98–314, §11, 98 Stat. 239; July 23, 1984, Pub. L. 98–372, §11, 98 Stat. 1240; Aug. 17, 1984, Pub. L. 98–382, §11, 98 Stat. 1345; Aug. 21, 1984, Pub. L. 98–391, §11, 98 Stat. 1360; Oct. 19, 1984, Pub. L. 98–520, §11, 98 Stat. 2429; Oct. 30, 1984, Pub. L. 98–561, §12, 98 Stat. 2912; Oct. 30, 1984, Pub. L. 98–565, §11, 98 Stat. 2921; Oct. 30, 1984, Pub. L. 98–584, §11, 98 Stat. 3098; Oct. 7, 1985, Pub. L. 99–119, §11, 99 Stat. 500; Dec. 9, 1985, Pub. L. 99–172, §11, 99 Stat. 1022; May 23, 1986, Pub. L. 99–318, §12, 100 Stat. 476; Nov. 6, 1986, Pub. L. 99–604, §11, 100 Stat. 3448; Apr. 6, 1988, Pub. L. 100–281, §12, 102 Stat. 75; Nov. 14, 1988, Pub. L. 100–655, title I, §111, 102 Stat. 3851; Nov. 5, 1990, Pub. L. 101–510, title XVI, §1611, 104 Stat. 1738; Dec. 10, 1991, Pub. L. 102–199, §2, 105 Stat. 1629; Oct. 23, 1992, Pub. L. 102–484, title XVIII, §§1812, 1832, 106 Stat. 2583, 2585; Sept. 23, 1996, Pub. L. 104–201, title XVIII, §1811, 110 Stat. 2762.
  36:1102. Aug. 30, 1964, Pub. L. 88–504, §§2, 3, 78 Stat. 636.
  36:1166. Aug. 11, 1971, Pub. L. 92–93, §16, 85 Stat. 319.
  36:1213(a). Oct. 20, 1978, Pub. L. 95–493, §13(a), 92 Stat. 1646.
  36:4315 (less (b) (2d sentence cl. (2))). July 14, 1964, Pub. L. 88–372, §15 (less (b) (2d sentence cl. (2))), 78 Stat. 317.
  36:4514 (less (b) (2d sentence cl. (2))). July 14, 1964, Pub. L. 88–376, §14 (less (b) (2d sentence cl. (2))), 78 Stat. 323.
  36:4610 (less (b) (2d sentence cl. (2))). Aug. 19, 1964, Pub. L. 88–449, §10 (less (b) (2d sentence cl. (2))), 78 Stat. 498.
  36:5206(a). Oct. 26, 1992, Pub. L. 102–522, §207(a), 106 Stat. 3420.
  36:5706(a). Oct. 11, 1996, Pub. L. 104–285, title II, §207(a), 110 Stat. 3385.
10101(b) 36:1103.  

In this section, the text of 36:1101 is omitted as unnecessary because of the addition of the words "Except as otherwise provided" in subsection (a) of this section. The text of 36:1166, 1213(a), and 5206(a) is omitted as unnecessary because of the restatement of 36:1102 and 1103 as general provisions covering, except as otherwise provided, all federally chartered corporations referred to in part B of subtitle II of the revised title. The text of 36:1084 (less (b) (2d sentence cl. (2))), 4315 (less (b) (2d sentence cl. (2))), 4514 (less (b) (2d sentence cl. (2))), and 4610 (less (b) (2d sentence cl. (2))) is omitted as unnecessary because of the restatement in this section of the general audit provisions of 36:1102 and 1103.

In subsection (a), before clause (1), the words "Except as otherwise provided" are added because certain corporations referred to in part B of subtitle II of the revised title are not covered by the audit requirements restated in the revised section. The words "at the place or places" and "or persons" are omitted as unnecessary. The words "financial statements" are substituted for "accounts" to use the generally accepted term for audits conducted by public accountants. The words "shall be given access to" are substituted for "shall be made available to" and "shall be afforded to" for consistency. In clause (1), the words "records and property owned or used by" are substituted for "books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.

In subsection (b)(1)(B), the words "supplemented . . . by" and "carried on by the corporation" are omitted as unnecessary.


Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

With respect to corporations listed below, for termination, effective May 15, 2000, of reporting provisions in subsec. (b)(1) of this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and pages 196 through 208 of House Document No. 103–7.

Agricultural Hall of Fame

American Chemical Society

American Council of Learned Societies

American Ex-Prisoners of War

American Gold Star Mothers, Incorporated

American Historical Association

The American Legion

The American National Theater and Academy

The American Society of International Law

American Symphony Orchestra League

American War Mothers

AMVETS (American Veterans)

Army and Navy Union of the United States of America

Aviation Hall of Fame

Big Brothers-Big Sisters of America

Blinded Veterans Association

Blue Star Mothers of America, Inc.

Board For Fundamental Education

Boy Scouts of America

Boys & Girls Clubs of America

Catholic War Veterans of the United States of America, Incorporated

Civil Air Patrol

Congressional Medal of Honor Society of the United States of America

Daughters of Union Veterans of the Civil War 1861–1865

Disabled American Veterans

Former Members of Congress

The Foundation of the Federal Bar Association

Future Farmers of America

General Federation of Women's Clubs

Girl Scouts of the United States of America

Gold Star Wives of America

Italian American War Veterans of the United States

Jewish War Veterans of the United States of America, Incorporated

Jewish War Veterans, U.S.A., National Memorial, Incorporated

Ladies of the Grand Army of the Republic

Legion of Valor of the United States of America, Incorporated

Little League Baseball, Incorporated

Marine Corps League

The Military Chaplains Association of the United States of America

Military Order of the Purple Heart of the United States of America, Incorporated

National Academy of Public Administration

National Academy of Sciences

National Conference of State Societies, Washington, District of Columbia

National Conference on Citizenship

National Council on Radiation Protection and Measurements

National Federation of Music Clubs

National Fund for Medical Education

National Mining Hall of Fame and Museum

National Music Council

National Safety Council

National Ski Patrol System, Incorporated

National Society, Daughters of the American Colonists

The National Society of the Daughters of the American Revolution

National Society of the Sons of the American Revolution

National Tropical Botanical Garden

National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic

The National Yoemen F

Naval Sea Cadet Corps

Navy Club of the United States of America

Navy Wives Clubs of America

Non Commissioned Officers Association of the United States of America, Incorporated

Paralyzed Veterans of America

Pearl Harbor Survivors Association

Polish Legion of American Veterans, U.S.A.

Reserve Officers Association of the United States

Sons of Union Veterans of the Civil War

369th Veterans' Association

United Service Organizations, Incorporated

United States Capitol Historical Society

United States Submarine Veterans of World War II

Veterans of Foreign Wars of the United States

Veterans of World War I of the United States of America, Incorporated

Vietnam Veterans of America, Inc.

Women's Army Corps Veterans' Association

§10102. Reservation of right to amend or repeal

(a) General.—Congress reserves the right to amend or repeal the provisions of part B of this subtitle.

(b) Nonapplication.—Subsection (a) of this section does not apply to chapters 213, 407, 801, 1403, 1503 (except section 150302(b)), 1513, 1517, 1531, and 1539 of this title.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1283.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
10102 36:20g. June 9, 1906, ch. 3065 §7, 34 Stat. 228.
  36:29. June 15, 1916, ch. 148, §9, 39 Stat. 229.
  36:38a. Mar. 16, 1950, ch. 62, §9, 64 Stat. 24.
  36:51. Sept. 16, 1919, ch. 59, §10, 41 Stat. 285.
  36:59. Aug. 4, 1937, ch. 564, §5, 50 Stat. 559.
  36:67s. July 23, 1947, ch. 298, §20, 61 Stat. 408.
  36:78q. June 17, 1959, Pub. L. 86–47, §18, 73 Stat. 80.
  36:90k. June 17, 1932, ch. 268, §11, 47 Stat. 322.
  36:104. Feb. 24, 1925, ch. 303, §14, 43 Stat. 968.
  36:120. May 28, 1936, ch. 471, §10, 49 Stat. 1391.
  36:140 note. June 6, 1940, ch. 239, §5, 54 Stat. 233.
  36:208. July 1, 1946, ch. 527, §8, 60 Stat. 347.
  36:239. June 30, 1950, ch. 431, §19, 64 Stat. 315.
  36:254 note. May 27, 1914, ch. 101, §2, 38 Stat. 383.
  36:291. Aug. 30, 1950, ch. 823, §21, 64 Stat. 567.
  36:352. Sept. 20, 1950, ch. 958, §12, 64 Stat. 872.
  36:382. Sept. 21, 1950, ch. 975, title I, §112, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3049.
  36:421. Apr. 3, 1952, ch. 131, §21, 66 Stat. 41.
  36:447. Aug. 13, 1953, ch. 427, §17, 67 Stat. 565.
  36:479. Aug. 13, 1953, ch. 429, §19, 67 Stat. 574.
  36:518. July 19, 1954, ch. 536, §18, 68 Stat. 492.
  36:550. Aug. 20, 1954, ch. 774, §20, 68 Stat. 752.
  36:589. Aug. 24, 1954, ch. 911, §19, 68 Stat. 800.
  36:617. Aug. 28, 1954, ch. 1036, §17, 68 Stat. 895.
  36:647. Aug. 4, 1955, ch. 546, §17, 69 Stat. 490.
  36:680. Aug. 1, 1956, ch. 824, §20, 70 Stat. 797.
  36:707. Aug. 6, 1956, ch. 976, §17, 70 Stat. 1056.
  36:780. July 18, 1958, Pub. L. 85–530, §20, 72 Stat. 375.
  36:807. Aug. 14, 1958, Pub. L. 85–642, §17, 72 Stat. 601.
  36:837. Aug. 26, 1958, Pub. L. 85–761, §17, 72 Stat. 859.
  36:868. Aug. 27, 1958, Pub. L. 85–769, §18, 72 Stat. 927.
  36:898. Sept. 2, 1958, Pub. L. 85–870, §18, 72 Stat. 1695.
  36:926. Sept. 2, 1958, Pub. L. 85–903, §16, 72 Stat. 1741.
  36:958. July 14, 1960, Pub. L. 86–653, §18, 74 Stat. 518.
  36:988. Aug. 31, 1960, Pub. L. 86–680, §18, 74 Stat. 577.
  36:1020. Sept. 7, 1962, Pub. L. 87–650, §20, 76 Stat. 506.
  36:1059. Sept. 10, 1962, Pub. L. 87–655, §19, 76 Stat. 534.
  36:1088. July 16, 1964, Pub. L. 88–378, §18, 78 Stat. 328.
  36:1167. Aug. 11, 1971, Pub. L. 92–93, §17, 85 Stat. 319.
  36:1218. Oct. 20, 1978, Pub. L. 95–493, §18, 92 Stat. 1647.
  36:1309(h). Dec. 29, 1979, Pub. L. 96–165, §9(h), 93 Stat. 1272.
  36:1512. Dec. 2, 1980, Pub. L. 96–489, §13, 94 Stat. 2555.
  36:1612. Dec. 4, 1980, Pub. L. 96–497, §13, 94 Stat. 2597.
  36:1712. Nov. 20, 1981, Pub. L. 97–82, §13, 95 Stat. 1093.
  36:1812. Nov. 20, 1981, Pub. L. 97–83, §13, 95 Stat. 1096.
  36:1912. June 1, 1982, Pub. L. 97–192, §13, 96 Stat. 111.
  36:2012. Aug. 9, 1982, Pub. L. 97–231, §13, 96 Stat. 258.
  36:2112. Aug. 10, 1982, Pub. L. 97–234, §13, 96 Stat. 263.
  36:2212. Jan. 8, 1983, Pub. L. 97–427, §13, 96 Stat. 2267.
  36:2312. Apr. 10, 1984, Pub. L. 98–257, §13, 98 Stat. 129.
  36:2412. June 12, 1984, Pub. L. 98–314, §13, 98 Stat. 239.
  36:2512. July 23, 1984, Pub. L. 98–372, §13, 98 Stat. 1241.
  36:2612. Aug. 17, 1984, Pub. L. 98–382, §13, 98 Stat. 1345.
  36:2712. Aug. 21, 1984, Pub. L. 98–391, §13, 98 Stat. 1360.
  36:2812. Oct. 19, 1984, Pub. L. 98–520, §13, 98 Stat. 2430.
  36:2913. Oct. 30, 1984, Pub. L. 98–561, §14, 98 Stat. 2912.
  36:3012. Oct. 30, 1984, Pub. L. 98–565, §13, 98 Stat. 2922.
  36:3112. Oct. 30, 1984, Pub. L. 98–584, §13, 98 Stat. 3099.
  36:3209. Aug. 25, 1937, ch. 762, §9, 50 Stat. 800.
  36:3310. July 5, 1935, ch. 373, §10, 49 Stat. 459.
  36:3418. Oct. 15, 1962, Pub. L. 87–817, §18, 76 Stat. 933.
  36:3612. Oct. 7, 1985, Pub. L. 99–119, §13, 99 Stat. 500.
  36:3712. Dec. 9, 1985, Pub. L. 99–172, §13, 99 Stat. 1022.
  36:3813. May 23, 1986, Pub. L. 99–318, §14, 100 Stat. 476.
  36:3912. Nov. 6, 1986, Pub. L. 99–604, §13, 100 Stat. 3448.
  36:4013. Apr. 6, 1988, Pub. L. 100–281, §14, 102 Stat. 75.
  36:4112. Nov. 14, 1988, Pub. L. 100–655, title I, §113, 102 Stat. 3852.
  36:4206. Apr. 17, 1916, ch. 77, §6, 39 Stat. 52.
  36:4318. July 14, 1964, Pub. L. 88–372, §18, 78 Stat. 318.
  36:4408. June 6, 1900, ch. 806, §8, 31 Stat. 663.
  36:4517. July 14, 1964, Pub. L. 88–376, §17, 78 Stat. 324.
  36:4617. Aug. 19, 1964, Pub. L. 88–449, §17, 78 Stat. 499.
  36:4706. May 31, 1920, ch. 216, §6, 41 Stat. 694.
  36:4812. Nov. 5, 1990, Pub. L. 101–510, title XVI, §1613, 104 Stat. 1738.
  36:4910. Jan. 30, 1913, ch. 21, §10, 37 Stat. 655.
  36:5013. Oct. 23, 1992, Pub. L. 102–484, title XVIII, §1814, 106 Stat. 2583; May 31, 1993, Pub. L. 103–35, title II, §202(a)(13), 107 Stat. 101.
  36:5113. Oct. 23, 1992, Pub. L. 102–484, title XVIII, §1834, 106 Stat. 2586; May 31, 1993, Pub. L. 103–35, title II, §202(a)(13), 107 Stat. 101.
  36:5311. June 30, 1906, ch. 3929, §11, 34 Stat. 808.
  36:5402. Mar. 3, 1901, ch. 876, §2, 31 Stat. 1454; June 29, 1938, ch. 796, 52 Stat. 1226.
  36:5612. Sept. 23, 1996, Pub. L. 104–201, title XVIII, §1813, 110 Stat. 2762.

In subsection (a), the source provisions are restated as a general provision to avoid the need to repeat identical provisions. The words "but no contract or individual right made or acquired shall be divested or impaired" in 36:104 and "but no contract or individual right made or acquired shall thereby be divested or impaired" in 36:5311 are omitted as unnecessary and for consistency in the revised title.

Subsection (b) is added because the chapters referred to in subsection (b) restate laws which Congress did not expressly reserve the right to amend or repeal.

Part B—Organizations


Statutory Notes and Related Subsidiaries

National Foundation on Fitness, Sports, and Nutrition

Pub. L. 111–332, Dec. 22, 2010, 124 Stat. 3576, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'National Foundation on Fitness, Sports, and Nutrition Establishment Act'.

"SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.

"(a) Establishment.—There is established the National Foundation on Fitness, Sports, and Nutrition (hereinafter in this Act referred to as the 'Foundation'). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States.

"(b) Purposes.—The purposes of the Foundation are—

"(1) in conjunction with the Office of the President's Council on Fitness, Sports and Nutrition, to develop a list and description of programs, events and other activities which would further the purposes and functions outlined in Executive Order 13265 [42 U.S.C. 300u note], as amended, and with respect to which combined private and governmental efforts would be beneficial;

"(2) to encourage and promote the participation by private organizations in the activities referred to in subsection (b)(1) and to encourage and promote private gifts of money and other property to support those activities; and

"(3) in consultation with such Office, to undertake and support activities to further the purposes and functions of such Executive Order.

"(c) Prohibition on Federal Funding.—The Foundation may not accept any Federal funds.

"SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

"(a) Establishment and Membership.—The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the 'Board'), which shall consist of 9 members each of whom shall be a United States citizen and—

"(1) 3 of whom should be knowledgeable or experienced in one or more fields directly connected with physical fitness, sports, nutrition, or the relationship between health status and physical exercise; and

"(2) 6 of whom should be leaders in the private sector with a strong interest in physical fitness, sports, nutrition, or the relationship between health status and physical exercise.

The membership of the Board, to the extent practicable, should represent diverse professional specialties relating to the achievement of physical fitness through regular participation in programs of exercise, sports, and similar activities, or to nutrition. The Assistant Secretary for Health, the Executive Director of the President's Council on Fitness, Sports and Nutrition, the Director for the National Center for Chronic Disease Prevention and Health Promotion, the Director of the National Heart, Lung, and Blood Institute, and the Director for the Centers for Disease Control and Prevention shall be ex officio, nonvoting members of the Board. Appointment to the Board or its staff shall not constitute employment by, or the holding of an office of, the United States for the purposes of laws relating to Federal employment.

"(b) Appointments.—Within 90 days from the date of enactment of this Act [Dec. 22, 2010], the members of the Board shall be appointed by the Secretary [probably means the Secretary of Health and Human Services] in accordance with this subsection. In selecting individuals for appointments to the Board, the Secretary should consult with—

"(1) the Speaker of the House of Representatives concerning the appointment of one member;

"(2) the Majority Leader of the House of Representatives concerning the appointment of one member;

"(3) the Majority Leader of the Senate concerning the appointment of one member;

"(4) the President Pro Tempore concerning the appointment of one member;

"(5) the Minority Leader of the House of Representatives concerning the appointment of one member; and

"(6) the Minority Leader of the Senate concerning the appointment of one member.

"(c) Terms.—The members of the Board shall serve for a term of 6 years, except that the original members of the Board shall be appointed for staggered terms as determined appropriate by the Secretary. A vacancy on the Board shall be filled within 60 days of the vacancy in the same manner in which the original appointment was made and shall be for the balance of the term of the individual who was replaced. No individual may serve more than 2 consecutive terms as a member.

"(d) Chairman.—The Chairman shall be elected by the Board from its members for a 2-year term and shall not be limited in terms or service, other than as provided in subsection (c).

"(e) Quorum.—A majority of the current membership of the Board shall constitute a quorum for the transaction of business.

"(f) Meetings.—The Board shall meet at the call of the Chairman at least once a year. If a member misses 3 consecutive regularly scheduled meetings, that member may be removed from the Board and the vacancy filled in accordance with subsection (c).

"(g) Reimbursement of Expenses.—Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation, subject to the same limitations on reimbursement that are imposed upon employees of Federal agencies.

"(h) Limitations.—The following limitations apply with respect to the appointment of employees of the Foundation:

"(1) Employees may not be appointed until the Foundation has sufficient funds to pay them for their service. No individual so appointed may receive a salary in excess of the annual rate of basic pay in effect for Executive Level V [5 U.S.C. 5316] in the Federal service. A member of the Board may not receive compensation for serving as an employee of the Foundation.

"(2) The first employee appointed by the Board shall be the Secretary of the Board who shall serve, at the direction of the Board, as its chief operating officer and shall be knowledgeable and experienced in matters relating to physical fitness, sports, and nutrition.

"(3) No Public Health Service employee nor the spouse or dependent relative of such an employee may serve as a member of the Board of Directors or as an employee of the Foundation.

"(4) Any individual who is an employee or member of the Board of the Foundation may not (in accordance with the policies developed under subsection (i)) personally or substantially participate in the consideration or determination by the Foundation of any matter that would directly or predictably affect any financial interest of—

"(A) the individual or a relative (as such term is defined in section 109(16) of the Ethics in Government Act, 1978 [5 U.S.C. App.]) of the individual; or

"(B) any business organization, or other entity, of which the individual is an officer or employee, is negotiating for employment, or in which the individual has any other financial interest.

"(i) General Powers.—The Board may complete the organization of the Foundation by—

"(1) appointing employees;

"(2) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provision of this Act; and

"(3) undertaking such other acts as may be necessary to carry out the provisions of this Act.

In establishing bylaws under this subsection, the Board shall provide for policies with regard to financial conflicts of interest and ethical standards for the acceptance, solicitation and disposition of donations and grants to the Foundation.

"SEC. 4. POWERS AND DUTIES OF THE FOUNDATION.

"(a) In General.—The Foundation—

"(1) shall have perpetual succession;

"(2) may conduct business throughout the several States, territories, and possessions of the United States;

"(3) shall have its principal offices in or near the District of Columbia; and

"(4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation.

The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation.

"(b) Seal.—The Foundation shall have an official seal selected by the Board which may be used as provided for in section 5.

"(c) Incorporation; Nonprofit Status.—To carry out the purposes of the Foundation under section 2, the Board shall—

"(1) incorporate the Foundation in the District of Columbia; and

"(2) establish such policies and bylaws as may be necessary to ensure that the Foundation maintains status as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)].

"(d) Powers.—Subject to the specific provisions of section 2, the Foundation, in consultation with the Office of the President's Council on Fitness, Sports, and Nutrition, shall have the power, directly or by the awarding of contracts or grants, to carry out or support activities for the purposes described in such section.

"(e) Treatment of Property.—For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational inspirational or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation.

"SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.

"(a) Trademarks of the Foundation.—Authorization for a contributor, or a supplier of goods or services, to use, in advertising regarding the contribution, goods, or services, the trade name of the Foundation, or any trademark, seal, symbol, insignia, or emblem of the Foundation may be provided only by the Foundation with the concurrence of the Secretary or the Secretary's designee.

"(b) Trademarks of the Council.—Authorization for a contributor or supplier described in subsection (a) to use, in such advertising, the trade name of the President's Council on Fitness, Sports, and Nutrition, or any trademark, seal, symbol, insignia, or emblem of such Council, may be provided—

"(1) by the Secretary or the Secretary's designee; or

"(2) by the Foundation with the concurrence of the Secretary or the Secretary's designee.

"SEC. 6. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF.

"(a) Audits.—For purposes of the Act entitled 'An Act for audit of accounts of private corporations established under Federal law', approved August 30, 1964 (Public Law 88–504, [former] 36 U.S.C. 1101–1103 [see 36 U.S.C. 10101]), the Foundation shall be treated as a private corporation under Federal law. The Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall have access to the financial and other records of the Foundation, upon reasonable notice.

"(b) Report.—The Foundation shall, not later than 60 days after the end of each fiscal year, transmit to the Secretary and to Congress a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments.

"(c) Relief With Respect to Certain Foundation Acts or Failure To Act.—If the Foundation—

"(1) engages in, or threatens to engage in, any act, practice or policy that is inconsistent with its purposes set forth in section 2(b); or

"(2) refuses, fails, or neglects to discharge its obligations under this Act, or threaten[s] to do so;

the Attorney General of the United States may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate."

CHAPTER 201—AGRICULTURAL HALL OF FAME

Sec.
20101.
Organization.
20102.
Purposes.
20103.
Membership.
20104.
Governing body.
20105.
Powers.
20106.
Restrictions.
20107.
Principal office.
20108.
Records and inspection.
20109.
Service of process.
20110.
Liability for acts of officers and agents.
20111.
Use of assets on dissolution or final liquidation.

        

§20101. Organization

(a) Federal Charter.—Agricultural Hall of Fame (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20101(a) 36:971. Aug. 31, 1960, Pub. L. 86–680, §§1, 2, 4(1), 16, 74 Stat. 572, 574, 577.
  36:972.  
20101(b) 36:974(1).  
  36:986.  

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§20102. Purposes

The purposes of the corporation are—

(1) to receive and maintain one or more funds and to use any part of the principal or interest only for charitable, scientific, literary, or educational purposes either directly or by contributing to organizations authorized to carry on similar activities;

(2) to honor farmers, farm women, farm leaders, teachers, scientists, inventors, governmental leaders, and other individuals who have helped make this Nation great by their outstanding contributions to the establishment, development, advancement, or improvement of agriculture in the United States;

(3) to perpetuate the memory of those individuals and record their contributions and achievements by the erection and maintenance of buildings and monuments as may be appropriate as a lasting memorial;

(4) to promote a greater sense of appreciation of the dignity and importance of agriculture, historically carried out through owner-operated farms, and the part it has played in developing those social, economic, and spiritual values which are essential in maintaining the free and democratic institutions of our Republic;

(5) to establish and maintain a library and museum for the collection and preservation for posterity of agricultural tools, implements, machines, vehicles, pictures, paintings, books, papers, documents, data, relics, mementos, artifacts, and other items relating to agriculture;

(6) to cooperate with other organizations interested in similar projects; and

(7) to engage in other activities appropriate to carry out its purposes.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20102 36:973(A) (1st sentence words before proviso, last sentence), (B)–(G). Aug. 31, 1960, Pub. L. 86–680, §3(A) (1st sentence words before proviso, last sentence), (B)–(G), 74 Stat. 573.

In clause (1), the words "and apply the whole or", "therefrom", "thereof", and "duly" and 36:973(A) (1st sentence) are omitted as unnecessary. The text of 36:973(A) (last sentence) is omitted as unnecessary.

In clause (2), the words "of America" are omitted as unnecessary.

In clause (3), the words "those individuals" are substituted for "such persons" for clarity. The word "edifices" is omitted as included in "buildings". The word "deemed" is omitted as unnecessary.

In clause (4), the word "promote" is substituted for "foster, promote, and encourage" to eliminate redundant words.

In clause (7), the words "other activities appropriate to carry out its purposes" are substituted for "any and all activities incidental thereto or necessary, suitable, or proper for the accomplishment of any of the aforementioned purposes" for consistency in the revised title and to eliminate unnecessary words.

§20103. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the bylaws.

(b) Voting.—Each member given voting rights by the bylaws has one vote on each matter submitted to a vote at a meeting of the voting members. The vote may be cast in the manner provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20103 36:976. Aug. 31, 1960, Pub. L. 86–680, §6, 74 Stat. 575.

In subsection (a), the words "are as provided in the bylaws" are substituted for "shall . . . be determined as the bylaws of the corporation may provide" to eliminate unnecessary words.

In subsection (b), the words "the right to" are omitted as unnecessary.

§20104. Governing body

(a) Board of Governors.—(1) The board of governors is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of all funds of the corporation.

(2) The number of governors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the bylaws. However, the board shall have at least 15 members.

(3) The board may appoint committees. Each committee has the powers provided in the bylaws or by resolution of the board. The powers of a committee may include all the powers of the board.

(b) Officers.—(1) The officers of the corporation are a president, one or more one vice presidents as provided in the bylaws, a secretary, a treasurer, one or more assistant secretaries and assistant treasurers, and other officers as provided in the bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20104(a) 36:977. Aug. 31, 1960, Pub. L. 86–680, §§7, 8, 74 Stat. 575.
20104(b) 36:978.  

In subsection (a), the text of 36:977(a) is omitted as executed and obsolete. In paragraph (3), the words "and exercise" are omitted as unnecessary.

§20105. Powers

The corporation may—

(1) adopt and amend bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20105 36:974(2)–(9). Aug. 31, 1960, Pub. L. 86–680, §§4(2)–(9), 17, 74 Stat. 574, 577.
  36:987.  

In this section, the text of 36:987 is omitted as executed and obsolete.

In clause (1), the words "and alter" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" in 36:974(7) and "transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property" in 36:974(8) for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" in 36:974(7) are omitted as unnecessary.

In clause (6), the words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise" for consistency in the revised title and to eliminate unnecessary words. The words "for the purposes of the corporation" and "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

§20106. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a governor, officer, employee, or member as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a governor, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or employee in an amount approved by the board of governors.

(d) Loans.—The corporation may not make a loan or advance to a governor, officer, employee, or member. Governors who vote for or assent to making a loan or advance to a governor, officer, employee, or member, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(e) Contributions to Certain Organizations.—None of the principal or interest of a fund referred to in section 20102(1) of this title may be contributed to an organization if—

(1) a substantial part of its activities is carrying on propaganda or attempting to influence legislation; or

(2) any part of its net earnings benefits a private shareholder or individual.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20106(a) 36:982. Aug. 31, 1960, Pub. L. 86–680, §§3(A) (1st sentence proviso), 9, 10, 12, 74 Stat. 573, 575, 576.
20106(b) 36:980.  
20106(c) 36:979(a).  
20106(d) 36:979(b).  
20106(e) 36:973(A) (proviso).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection.

§20107. Principal office

The principal office of the corporation shall be in Kansas City, Kansas, or another place decided by the board of governors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20107 36:975(a). Aug. 31, 1960, Pub. L. 86–680, §5(a), 74 Stat. 574.

The word "various" is omitted as unnecessary.

§20108. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of governors, and committees having any of the authority of its board of governors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20108(a) 36:983 (1st sentence). Aug. 31, 1960, Pub. L. 86–680, §13, 74 Stat. 576.
20108(b) 36:983 (last sentence).  

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§20109. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20109 36:975(b). Aug. 31, 1960, Pub. L. 86–680, §5(b), 74 Stat. 575.

§20110. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20110 36:981. Aug. 31, 1960, Pub. L. 86–680, §11, 74 Stat. 576.

§20111. Use of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets of the corporation remaining after the discharge of all liabilities shall be distributed as provided by the board of governors, but in compliance with the charter and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20111 36:985. Aug. 31, 1960, Pub. L. 86–680, §15, 74 Stat. 577.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The words "outstanding" and "all Federal and State laws applicable thereto" are omitted as unnecessary.

CHAPTER 202—AIR FORCE SERGEANTS ASSOCIATION

Sec.
20201.
Definition.
20202.
Organization.
20203.
Purposes.
20204.
Membership.
20205.
Governing body.
20206.
Powers.
20207.
Restrictions.
20208.
Duty to maintain corporate and tax-exempt status.
20209.
Records and inspection.
20210.
Service of process.
20211.
Liability for acts of officers and agents.
20212.
Annual report.

        

§20201. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3239.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20201 36 App.:5815. Nov. 18, 1997, Pub. L. 105–85, title XV, §1516, 111 Stat. 1966.

The words "the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands" are omitted as included in "the territories and possessions of the United States".

§20202. Organization

(a) Federal Charter.—Air Force Sergeants Association (in this chapter, the "corporation"), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3239.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20202(a) 36 App.:5801. Nov. 18, 1997, Pub. L. 105–85, title XV, §§1501, 1514 (related to termination of charter), 1515, 111 Stat. 1963, 1966.
20202(b) 36 App.:5813 (related to termination of charter).

36 App.:5814.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§20203. Purposes

(a) General.—The purposes of the corporation are as provided in its bylaws and articles of incorporation and include—

(1) helping to maintain a highly dedicated and professional corps of enlisted personnel within the United States Air Force, including the United States Air Force Reserve, and the Air National Guard;

(2) supporting fair and equitable legislation and Department of the Air Force policies and influencing by lawful means departmental plans, programs, policies, and legislative proposals that affect enlisted personnel of the Regular Air Force, the Air Force Reserve, and the Air National Guard, its retirees, and other veterans of enlisted service in the Air Force;

(3) actively publicizing the roles of enlisted personnel in the United States Air Force;

(4) participating in civil and military activities, youth programs, and fundraising campaigns that benefit the United States Air Force;

(5) providing for the mutual welfare of members of the corporation and their families;

(6) assisting in recruiting for the United States Air Force;

(7) assembling together for social activities;

(8) maintaining an adequate Air Force for our beloved country;

(9) fostering among the members of the corporation a devotion to fellow airmen; and

(10) serving the United States and the United States Air Force loyally, and doing all else necessary to uphold and defend the Constitution of the United States.


(b) Corporate Function.—The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the District of Columbia.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20203(a) 36 App.:5803. Nov. 18, 1997, Pub. L. 105–85, title XV, §§1503, 1508(f), 111 Stat. 1963, 1965.
20203(b) 36 App.:5808(f).  

§20204. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20204(a) 36 App.:5805. Nov. 18, 1997, Pub. L. 105–85, title XV, §§1505, 1508(g) (related to membership), 111 Stat. 1964, 1965.
20204(b) 36 App.:5808(g) (related to membership).  

In subsection (a), the words "Except as provided in this chapter" are substituted for "Except as provided in section 5808(g) of this title" for consistency in the revised title.

In subsection (b), the words "The terms of membership" are substituted for "In establishing the conditions of membership in the association" for consistency in the revised title and to eliminate unnecessary words. The word "disability" is substituted for "handicap" for consistency in the revised title.

§20205. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the bylaws and articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20205(a) 36 App.:5806. Nov. 18, 1997, Pub. L. 105–85, title XV, §§1506, 1507, 1508(g) (related to directors and officers), 111 Stat. 1964, 1965.
20205(b) 36 App.:5807.  
20205(c) 36 App.:5808(g) (related to directors and officers).  

In subsections (a) and (b), the words "Except as provided in section 5808(g) of this title" and "and in conformity with the laws of the District of Columbia" are omitted as unnecessary.

In subsection (c), the words "The requirements for serving as a director or officer" are substituted for "in determining the requirements for serving on the board of directors or as an officer of the association" for consistency in the revised title and to eliminate unnecessary words. The word "disability" is substituted for "handicap" for consistency in the revised title.

§20206. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20206 36 App.:5802. Nov. 18, 1997, Pub. L. 105–85, title XV, §1502, 111 Stat. 1963.

The words "each State in which it is incorporated" are substituted for "the District of Columbia" for consistency in the revised title. The words "and subject to the laws of the District of Columbia" are omitted as unnecessary.

§20207. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, employee, or member.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20207(a) 36 App.:5808(c). Nov. 18, 1997, Pub. L. 105–85, title XV, §1508(a)–(d), 111 Stat. 1964.
20207(b) 36 App.:5808(a).  
20207(c) 36 App.:5808(b).  
20207(d) 36 App.:5808(d).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "This subsection does not" are substituted for "Nothing in this subsection may be construed to" for consistency in the revised title.

In subsection (d), the words "by virtue of this chapter" are omitted as unnecessary.

§20208. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of the District of Columbia.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20208(a) 36 App.:5808(e). Nov. 18, 1997, Pub. L. 105–85, title XV, §§1508(e), 1514 (related to duty to maintain status), 111 Stat. 1965, 1966.
20208(b) 36 App.:5813 (related to duty to maintain status).  

In subsection (a), the words "organized and" are omitted as unnecessary.

§20209. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20209 36 App.:5810. Nov. 18, 1997, Pub. L. 105–85, title XV, §1510, 111 Stat. 1965.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "This section may not be construed to contravene any applicable State law" are omitted as unnecessary.

§20210. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20210 36 App.:5804. Nov. 18, 1997, Pub. L. 105–85, title XV, §1504, 111 Stat. 1964.

The words "each State in which it is incorporated" are substituted for "the District of Columbia" for consistency in the revised title. The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§20211. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20211 36 App.:5809. Nov. 18, 1997, Pub. L. 105–85, title XV, §1509, 111 Stat. 1965.

The words "officers and agents" are substituted for "officers, directors, employees, and agents" for consistency in the revised title and to eliminate unnecessary words.

§20212. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20212 36 App.:5811. Nov. 18, 1997, Pub. L. 105–85, title XV, §1512, 111 Stat. 1965.

CHAPTER 203—AMERICAN ACADEMY OF ARTS AND LETTERS

Sec.
20301.
Organization.
20302.
Purpose.
20303.
Membership.
20304.
Powers.
20305.
Annual meeting.
20306.
Annual report.
20307.
Nonapplication of audit requirements.

        

§20301. Organization

(a) Federal Charter.—American Academy of Arts and Letters (in this chapter, the "corporation") is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20301 36:4201. Apr. 17, 1916, ch. 77, §1, 39 Stat. 51.

This section is substituted for the source provision for consistency in the revised title and to eliminate executed and unnecessary words.

§20302. Purpose

The purpose of the corporation is to further the interests of literature and the fine arts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20302 36:4202. Apr. 17, 1916, ch. 77, §2, 39 Stat. 51.

The words "is to further" are substituted for "are and shall be the furtherance of" to eliminate unnecessary words.

§20303. Membership

The corporation may have not more than 50 regular members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20303 36:4203 (words before 1st comma). Apr. 17, 1916, ch. 77, §3 (words before 1st comma), 39 Stat. 51.

The words "may have not more than" are substituted for "shall consist of not more than" for clarity and consistency.

§20304. Powers

The corporation may—

(1) adopt bylaws and regulations;

(2) fill vacancies;

(3) provide for the election of foreign, domestic, or honorary associate members, and the division of those members into classes;

(4) receive bequests and donations of property, hold the property in trust, and invest the property to carry out the purpose of the corporation; and

(5) do any other act necessary or usual for such a corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20304 36:4203 (words after 1st comma). Apr. 17, 1916, ch. 77, §§3 (words after 1st comma), 5, 39 Stat. 51, 52.
  36:4205.  

In clause (1), the word "regulations" is substituted for "rules and regulations" to avoid redundancy.

In clause (2), the words "created by death, resignation, or otherwise" in 36:4203 are omitted as unnecessary.

In clause (4), the words "be, and the same is hereby, authorized and empowered to" in 36:4205 are omitted because of the word "may" restated before clause (1). The words "real and personal" and "and reinvest" are omitted as unnecessary. The words "to carry out the purpose of the corporation" are substituted for "for the purpose of furthering the interests of literature and the fine arts" for consistency.

§20305. Annual meeting

The corporation shall hold an annual meeting at a place in the United States as may be designated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20305 36:4204 (related to meeting). Apr. 17, 1916, ch. 77, §4 (related to meeting), 39 Stat. 51.

§20306. Annual report

The corporation shall make an annual report to Congress, to be filed with the Librarian of Congress.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20306 36:4204 (related to report). Apr. 17, 1916, ch. 77, §4 (related to report), 39 Stat. 51.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

§20307. Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20307 (no source).  

This section is added to except the American Academy of Arts and Letters from the application of section 10101 of the revised title, restating 36:1101–1103, which imposes audit requirements on certain federally chartered corporations. The Academy is not included in the list of corporations set out in 36:1101 to which the audit requirements apply.

CHAPTER 205—AMERICAN CHEMICAL SOCIETY

Sec.
20501.
Organization.
20502.
Purposes.
20503.
Powers.
20504.
Cooperation with the military.
20505.
Annual meeting.
20506.
Annual report.

        

§20501. Organization

American Chemical Society (in this chapter, the "corporation") is a federally chartered corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20501 36:3201. Aug. 25, 1937, ch. 762, §§1, 7, 50 Stat. 798, 799.
  36:3207.  

This section is substituted for the source provision for consistency in the revised title and to eliminate executed and unnecessary words.

The text of 36:3207 is omitted as executed and obsolete.

§20502. Purposes

The purposes of the corporation are—

(1) to encourage in the broadest and most liberal manner the advancement of chemistry in all its branches;

(2) to promote research in chemical science and industry;

(3) to improve the qualifications and usefulness of chemists through high standards of professional ethics, education, and attainments;

(4) to increase and diffuse chemical knowledge; and

(5) by its meetings, professional contacts, reports, papers, discussions, and publications, to promote scientific interests and inquiry to foster public welfare and education, aid the development of our country's industries, and add to the material prosperity and happiness of our people.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20502 36:3202. Aug. 25, 1937, ch. 762, §2, 50 Stat. 798.

§20503. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) fill vacancies;

(3) provide for the election of members and the division of those members into classes;

(4) receive property, hold the property absolutely or in trust, invest and manage the property, and use the property and income arising from it to carry out the purposes of the corporation; and

(5) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20503 36:3203 (1st sentence). Aug. 25, 1937, ch. 762, §§3 (1st sentence), 5, 50 Stat. 799.
  36:3205.  

Before clause (1), the word "may" is substituted for "shall have power to" in 36:3203 and "be, and the same is hereby, authorized and empowered to" in 36:3205 for consistency in the revised title and to eliminate unnecessary words.

In clause (1), the word "adopt" is substituted for "make" for consistency in the revised title. The word "regulations" is substituted for "rules, and regulations" to avoid redundancy. The words "its own organization" are omitted as included in "constitution, bylaws, and regulations".

In clause (2), the words "created by death, resignation, or otherwise" are omitted as unnecessary.

In clause (4), the words "by devise, bequest, donation, or otherwise, either real or personal" and "reinvest" are omitted as unnecessary. The words "use . . . to carry out the purposes of the corporation" are substituted for "apply . . . to the objects of its creation" for clarity and consistency.

Clause (5) is substituted for "all other matters needful and useful to promote the objects of the society" for consistency in the revised title.

§20504. Cooperation with the military

(a) Investigations, Examinations, Experiments, and Reports.—When requested by the Secretary of the Army, Air Force, or Navy, the corporation shall investigate, examine, experiment, and report on any subject in pure or applied chemistry connected with the national defense.

(b) Payments.—The actual expense of those investigations, examinations, experiments, and reports shall be paid from amounts appropriated for those purposes, but the corporation may not receive compensation for any services performed for the United States Government.

(c) Title and License.—Title to inventions and discoveries made in the course of those investigations, examinations, and experiments that the appropriate Secretary believes involve the national defense vest in the Government. The Government shall have unlimited license under other inventions and discoveries made in the course of those investigations, examinations, and experiments.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20504 36:3204. Aug. 25, 1937, ch. 762, §4, 50 Stat. 799.

In subsection (a), the words "When requested by the Secretary of the Army, Air Force, or Navy, the corporation" are substituted for "The American Chemical Society shall, whenever called upon by the Army, Air Force, or Navy Department" because under 10:3013, 5013, and 8013 the Secretaries are the heads of the Departments. The Secretary of the Air Force is added because of section 207 of the National Security Act of 1947 (ch. 343, 61 Stat. 502).

In subsection (b), the words "shall be paid from amounts appropriated for those purposes" are substituted for "to be paid from appropriations which may have been made for that purpose by Congress" for clarity and to eliminate unnecessary words.

In subsection (c), the words "that the appropriate Secretary believes" are substituted for "that, in the opinion of the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of the Army" to eliminate unnecessary words.

§20505. Annual meeting

The corporation shall hold an annual meeting at a place in the United States as may from time to time be designated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20505 36:3203 (last sentence). Aug. 25, 1937, ch. 762, §3 (last sentence), 50 Stat. 799.

§20506. Annual report

Not later than December 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year, including a complete statement of its receipts and expenditures. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20506 36:3208. Aug. 25, 1937, ch. 762, §8, 50 Stat. 800; Aug. 30, 1964, Pub. L. 88–504, §4(38), 78 Stat. 638.

The words "proceedings and" are omitted as unnecessary.

CHAPTER 207—AMERICAN COUNCIL OF LEARNED SOCIETIES

Sec.
20701.
Definition.
20702.
Organization.
20703.
Purposes.
20704.
Membership.
20705.
Governing body.
20706.
Powers.
20707.
Restrictions.
20708.
Duty to maintain tax-exempt status.
20709.
Records and inspection.
20710.
Service of process.
20711.
Liability for acts of officers and agents.
20712.
Annual report.

        

§20701. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20701 36:1913. June 1, 1982, Pub. L. 97–192, §14, 96 Stat. 111.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§20702. Organization

American Council of Learned Societies (in this chapter, the "corporation"), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20702 36:1901. June 1, 1982, Pub. L. 97–192, §1, 96 Stat. 109.

This section is substituted for the sources provision for consistency in the revised title and to eliminate executed and unnecessary words.

§20703. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) the advancement of the humanistic studies in all fields of learning; and

(2) the maintenance and strengthening of relations among the national societies devoted to those studies.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20703 36:1903. June 1, 1982, Pub. L. 97–192, §3, 96 Stat. 109.

The word "objects" is omitted as included in "purposes". The words "and the corporation shall function as authorized by the laws of the State or States where it is incorporated" are omitted as unnecessary.

§20704. Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20704 36:1905. June 1, 1982, Pub. L. 97–192, §5, 96 Stat. 109.

§20705. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20705(a) 36:1906. June 1, 1982, Pub. L. 97–192, §§6, 7, 96 Stat. 109.
20705(b) 36:1907.  

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:1906 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:1907 are omitted as unnecessary.

§20706. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20706 36:1902. June 1, 1982, Pub. L. 97–192, §2, 96 Stat. 109.

The words "(hereinafter referred to as the 'corporation')" and "and subject to the laws of such State or States" are omitted as unnecessary.

§20707. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20707(a) 36:1908(d). June 1, 1982, Pub. L. 97–192, §8, 96 Stat. 110.
20707(b) 36:1908(c).  
20707(c) 36:1908(a).  
20707(d) 36:1908(b).  
20707(e) 36:1908(e).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

§20708. Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). If the corporation does not maintain that status, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20708 36:1914. June 1, 1982, Pub. L. 97–192, §15, 96 Stat. 111.

§20709. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20709 36:1910. June 1, 1982, Pub. L. 97–192, §10, 96 Stat. 110.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§20710. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20710 36:1904. June 1, 1982, Pub. L. 97–192, §4, 96 Stat. 109.

The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§20711. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20711 36:1909. June 1, 1982, Pub. L. 97–192, §9, 96 Stat. 110.

§20712. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20712 36:1911. June 1, 1982, Pub. L. 97–192, §12, 96 Stat. 111.

CHAPTER 209—AMERICAN EX-PRISONERS OF WAR

Sec.
20901.
Definition.
20902.
Organization.
20903.
Purposes.
20904.
Membership.
20905.
Governing body.
20906.
Powers.
20907.
Exclusive right to name and emblem.
20908.
Restrictions.
20909.
Duty to maintain corporate and tax-exempt status.
20910.
Records and inspection.
20911.
Service of process.
20912.
Liability for acts of officers and agents.
20913.
Annual report.

        

§20901. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20901 36:2113. Aug. 10, 1982, Pub. L. 97–234, §14, 96 Stat. 263.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§20902. Organization

(a) Federal Charter.—American Ex-Prisoners of War (in this chapter, the "corporation"), a nonprofit corporation incorporated in the State of Washington, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20902(a) 36:2101. Aug. 10, 1982, Pub. L. 97–234, §§1, 15 (last sentence), 17, 96 Stat. 261, 263, 264.
20902(b) 36:2114 (last sentence).

36:2116.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§20903. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) encouraging fraternity for the common good;

(2) fostering patriotism and loyalty;

(3) assisting widows and orphans of deceased ex-prisoners of war;

(4) assisting ex-prisoners of war who have been injured or disabled as a result of their service;

(5) maintaining allegiance to the United States;

(6) preserving and defending the United States from all enemies; and

(7) maintaining historical records.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20903 36:2103. Aug. 10, 1982, Pub. L. 97–234, §3, 96 Stat. 261.

Before clause (1), the words "objects and" are omitted as unnecessary.

In clause (5), the words "of America" are omitted for consistency.

§20904. Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20904 36:2105. Aug. 10, 1982, Pub. L. 97–234, §5, 96 Stat. 262.

§20905. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20905(a) 36:2106. Aug. 10, 1982, Pub. L. 97–234, §§6, 7, 96 Stat. 262.
20905(b) 36:2107.  

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:2106 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:2107 are omitted as unnecessary.

§20906. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20906 36:2102. Aug. 10, 1982, Pub. L. 97–234, §2, 96 Stat. 261.

The words "and subject to the laws of such State or States" are omitted as unnecessary.

§20907. Exclusive right to name and emblem

The corporation has the exclusive right to use and to allow others to use the name "American Ex-Prisoners of War" and the official American Ex-Prisoners of War emblem or any colorable simulation of that emblem. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20907 36:2115. Aug. 10, 1982, Pub. L. 97–234, §16, 96 Stat. 263.

The words "This section does not affect any vested rights" are substituted for "No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights" for consistency in the revised title and to eliminate unnecessary words.

§20908. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291; Pub. L. 109–284, §5(5), Sept. 27, 2006, 120 Stat. 1212.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20908(a) 36:2108(d). Aug. 10, 1982, Pub. L. 97–234, §8(a)–(e), 96 Stat. 262.
20908(b) 36:2108(c).  
20908(c) 36:2108(a).  
20908(d) 36:2108(b).  
20908(e) 36:2108(e).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "as such" are substituted for "acting as such officer or director" for consistency in the revised title and to eliminate unnecessary words.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.


Editorial Notes

Amendments

2006—Subsec. (c). Pub. L. 109–284 substituted "board of directors" for "board or directors".

§20909. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of the State of Washington.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20909(a) 36:2108(f). Aug. 10, 1982, Pub. L. 97–234, §§8(f), 15 (1st sentence), 96 Stat. 262, 263.
20909(b) 36:2114 (1st sentence).  

In subsection (a), the words "organized and" are omitted as unnecessary.

§20910. Records and inspection

(a) Records.—The Corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20910 36:2110. Aug. 10, 1982, Pub. L. 97–234, §10, 96 Stat. 263.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§20911. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20911 36:2104. Aug. 10, 1982, Pub. L. 97–234, §4, 96 Stat. 262.

The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§20912. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20912 36:2109. Aug. 10, 1982, Pub. L. 97–234, §9, 96 Stat. 263.

§20913. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20913 36:2111. Aug. 10, 1982, Pub. L. 97–234, §12, 96 Stat. 263.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

CHAPTER 210—AMERICAN GI FORUM OF THE UNITED STATES

Sec.
21001.
Definition.
21002.
Organization.
21003.
Purposes.
21004.
Membership.
21005.
Governing body.
21006.
Powers.
21007.
Restrictions.
21008.
Duty to maintain corporate and tax-exempt status.
21009.
Records and inspection.
21010.
Service of process.
21011.
Liability for acts of officers and agents.
21012.
Annual report.

        

§21001. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21001 36 App.:5915. Aug. 13, 1998, Pub. L. 105–231, §16, 112 Stat. 1532.

The words "the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands" are omitted as included in "the territories and possessions of the United States".

§21002. Organization

(a) Federal Charter.—American GI Forum of the United States (in this chapter, the "corporation"), a nonprofit corporation incorporated in Texas, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21002(a) 36 App.:5901. Aug. 13, 1998, Pub. L. 105–231, §§1, 14 (related to termination of charter), 15, 112 Stat. 1530, 1532.
21002(b) 36 App.:5913 (related to termination of charter).

36 App.:5914.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§21003. Purposes

(a) General.—The purposes of the corporation are as provided in its bylaws and articles of incorporation and include—

(1) securing the blessing of American democracy at every level of local, State, and national life for all United States citizens;

(2) upholding and defending the Constitution and the United States flag;

(3) fostering and perpetuating the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all;

(4) fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin;

(5) encouraging greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the United States Government;

(6) combating all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual; and

(7) fostering and promoting the broader knowledge and appreciation by all United States citizens of their cultural heritage and language.


(b) Corporate Function.—The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Texas.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21003(a) 36 App.:5903. Aug. 13, 1998, Pub. L. 105–231, §§3, 8(f), 112 Stat. 1530, 1531.
21003(b) 36 App.:5908(f).  

In clause (5), the words "United States Government" are substituted for "Federal Government" for consistency in the revised title.

§21004. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21004(a) 36 App.:5905. Aug. 13, 1998, Pub. L. 105–231, §§5, 8(g) (related to membership), 112 Stat. 1531.
21004(b) 36 App.:5908(g) (related to membership).  

In subsection (a), the words "Except as provided in this chapter" are substituted for "Except as provided in section 5908(g) of this title" for consistency in the revised title.

In subsection (b), the words "The terms of membership" are substituted for "In establishing the conditions of membership in the corporation" for consistency in the revised title and to eliminate unnecessary words.

§21005. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the bylaws and articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21005(a) 36 App.:5906. Aug. 13, 1998, Pub. L. 105–231, §§6, 7, 8(g) (related to directors and officers), 112 Stat. 1531.
21005(b) 36 App.:5907.  
21005(c) 36 App.:5908(g) (related to directors and officers).  

In subsections (a) and (b), the words "Except as provided in section 5908(g) of this title" and "and in conformity with the laws of the State of Texas" are omitted as unnecessary.

In subsection (c), the words "The requirements for serving as a director or officer" are substituted for "in determining the requirements for serving on the board of directors or as an officer of the association" for consistency in the revised title and to eliminate unnecessary words.

§21006. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21006 36 App.:5902. Aug. 13, 1998, Pub. L. 105–231, §2, 112 Stat. 1530.

The words "each State in which it is incorporated" are substituted for "the State of Texas" for consistency in the revised title. The words "and subject to the laws of the State of Texas" are omitted as unnecessary.

§21007. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, employee, or member.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21007(a) 36 App.:5908(c). Aug. 13, 1998, Pub. L. 105–231, §8(a)–(d), 112 Stat. 1531.
21007(b) 36 App.:5908(a).  
21007(c) 36 App.:5908(b).  
21007(d) 36 App.:5908(d).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "This subsection does not" are substituted for "Nothing in this subsection may be construed to" for consistency in the revised title.

In subsection (d), the words "by virtue of this chapter" are omitted as unnecessary.

§21008. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of Texas.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21008(a) 36 App.:5908(e). Aug. 13, 1998, Pub. L. 105–231, §§8(e), 14 (related to duty to maintain status), 112 Stat. 1531, 1532.
21008(b) 36 App.:5913 (related to duty to maintain status).  

In subsection (a), the words "organized and" are omitted as unnecessary.

§21009. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21009 36 App.:5910. Aug. 13, 1998, Pub. L. 105–231, §10, 112 Stat. 1532.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "This section may not be construed to contravene any applicable State law" are omitted as unnecessary.

§21010. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21010 36 App.:5904. Aug. 13, 1998, Pub. L. 105–231, §4, 112 Stat. 1531.

The words "each State in which it is incorporated" are substituted for "the State of Texas" for consistency in the revised title. The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§21011. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21011 36 App.:5909. Aug. 13, 1998, Pub. L. 105–231, §9, 112 Stat. 1532.

The words "officers and agents" are substituted for "officers, directors, employees, and agents" for consistency in the revised title and to eliminate unnecessary words.

§21012. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21012 36 App.:5911. Aug. 13, 1998, Pub. L. 105–231, §12, 112 Stat. 1532.

CHAPTER 211—AMERICAN GOLD STAR MOTHERS, INCORPORATED

Sec.
21101.
Definition.
21102.
Organization.
21103.
Purposes.
21104.
Membership.
21105.
Governing body.
21106.
Powers.
21107.
Restrictions.
21108.
Duty to maintain corporate and tax-exempt status.
21109.
Records and inspection.
21110.
Service of process.
21111.
Liability for acts of officers and agents.
21112.
Annual report.

        

§21101. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21101 36:2413. June 12, 1984, Pub. L. 98–314, §14, 98 Stat. 239.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§21102. Organization

(a) Federal Charter.—American Gold Star Mothers, Incorporated (in this chapter, the "corporation"), incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21102(a) 36:2401. June 12, 1984, Pub. L. 98–314, §§1, 15 (last sentence), 16, 98 Stat. 237, 239.
21102(b) 36:2414 (last sentence).

36:2415.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§21103. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include a continuing commitment, on a national basis, to—

(1) keep alive and develop the spirit that promoted world services;

(2) maintain the ties of fellowship born of that service, and assist and further all patriotic work;

(3) inculcate a sense of individual obligation to the community, State, and Nation;

(4) assist veterans of World War I, World War II, the Korean Conflict, Vietnam, and other strategic areas and their dependents in the presentation of claims to the Department of Veterans Affairs, and aid in any way in their power the men and women who served and died or were wounded or incapacitated during hostilities;

(5) perpetuate the memory of those whose lives were sacrificed in our wars;

(6) maintain true allegiance to the United States;

(7) inculcate lessons of patriotism and love of country in the communities in which we live;

(8) inspire respect for the Stars and Stripes in the youth of America;

(9) extend needful assistance to all Gold Star Mothers and, when possible, to their descendants; and

(10) promote peace and good will for the United States and all other Nations.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21103 36:2403. June 12, 1984, Pub. L. 98–314, §3, 98 Stat. 237; June 13, 1991, Pub. L. 102–54, §13(n)(6), 105 Stat. 278.

Before clause (1), the word "objects" is omitted as included in "purposes".

In clause (6), the words "of America" are omitted for consistency in the revised title and with other titles of the United States Code.

§21104. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21104(a) 36:2405 (words before 3d comma). June 12, 1984, Pub. L. 98–314, §5 (words before 3d comma, words after 3d comma related to discrimination in membership), 98 Stat. 238.
21104(b) 36:2405 (words after 3d comma related to discrimination in membership).  

§21105. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21105(a) 36:2406. June 12, 1984, Pub. L. 98–314, §§5 (words after 3d comma related to discrimination in holding office), 6, 7, 98 Stat. 238.
21105(b) 36:2407.  
21105(c) 36:2405 (words after 3d comma related to discrimination in holding office).  

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:2406 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:2407 are omitted as unnecessary.

§21106. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21106 36:2402. June 12, 1984, Pub. L. 98–314, §2, 98 Stat. 237.

The words "and subject to the laws of such State or States" are omitted as unnecessary.

§21107. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21107(a) 36:2408(c). June 12, 1984, Pub. L. 98–314, §8(a)–(d), 98 Stat. 238.
21107(b) 36:2408(a).  
21107(c) 36:2408(b).  
21107(d) 36:2408(d).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

§21108. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of each State in which it is incorporated.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21108(a) 36:2408(e). June 12, 1984, Pub. L. 98–314, §§8(e), 15 (1st sentence), 98 Stat. 238, 239.
21108(b) 36:2414 (1st sentence).  

In subsection (a), the words "organized and" are omitted as unnecessary. The words "each State" are substituted for "State or States" for consistency in the revised title and to eliminate unnecessary words.

§21109. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21109 36:2410. June 12, 1984, Pub. L. 98–314, §10, 98 Stat. 238.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§21110. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21110 36:2404. June 12, 1984, Pub. L. 98–314, §4, 98 Stat. 238.

§21111. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21111 36:2409. June 12, 1984, Pub. L. 98–314, §9, 98 Stat. 238.

§21112. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21112 36:2411. June 12, 1984, Pub. L. 98–314, §12, 98 Stat. 239.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

CHAPTER 213—AMERICAN HISTORICAL ASSOCIATION

Sec.
21301.
Organization.
21302.
Purposes.
21303.
Powers.
21304.
Annual meeting.
21305.
Principal office.
21306.
Historical collections.
21307.
Annual report.

        

§21301. Organization

American Historical Association (in this chapter, the "corporation") is a body corporate and politic in the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21301 36:20 (1st sentence words before "for the promotion"). Jan. 4, 1889, ch. 20, (1st sentence words before "for the promotion"), 25 Stat. 640.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§21302. Purposes

The purposes of the corporation are—

(1) to promote historical studies;

(2) to collect and preserve historical manuscripts; and

(3) other kindred purposes in the interest of American history and of history in America.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21302 36:20 (1st sentence words beginning with "for the promotion"). Jan. 4, 1889, ch. 20, (1st sentence words beginning with "for the promotion"), 25 Stat. 640.

§21303. Powers

The corporation may—

(1) adopt a constitution and bylaws; and

(2) hold property in the District of Columbia necessary to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21303 36:20 (2d sentence). Jan. 4, 1889, ch. 20, (2d sentence), 25 Stat. 640; July 3, 1957, Pub. L. 85–83, §1, 71 Stat. 276.

In clause (1), the words "not inconsistent with law" are omitted as unnecessary.

In clause (2), the word "property" is substituted for "real and personal estate", and the word "necessary" is substituted for "so far only as may be necessary", to eliminate unnecessary words. The words "to carry out the purposes of the corporation" are substituted for "to its lawful ends" for consistency in the revised title.


Statutory Notes and Related Subsidiaries

Tax Exemption of Real Property

Pub. L. 85–83, §2, July 3, 1957, 71 Stat. 277, provided that: "The real property situated in Square 817, in the city of Washington, District of Columbia, described as lot 23, owned, occupied, and used by the American Historical Association, is exempt from all taxation so long as the same is so owned and occupied, and not used for commercial purposes, subject to the provisions of sections 2, 3, and 5 of the Act entitled 'An Act to define the real property exempt from taxation in the District of Columbia', approved December 24, 1942 (56 Stat. 1089; D.C. Code, secs. 47–801b, 47–801c, and 47–801e)."

§21304. Annual meeting

The corporation may hold its annual meeting in a place the members of the corporation select.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21304 36:20 (3d sentence words after 2d comma). Jan. 4, 1889, ch. 20, (3d sentence words after 2d comma), 25 Stat. 640.

The words "members of the corporation" are substituted for "said incorporators" to reflect the probable intent.

§21305. Principal office

The principal office of the corporation shall be in the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21305 36:20 (3d sentence words before 2d comma). Jan. 4, 1889, ch. 20, (3d sentence words before 2d comma), 25 Stat. 640.

§21306. Historical collections

The Regents of the Smithsonian Institution may allow the corporation to deposit its collections, manuscripts, books, pamphlets, and other historical material in the Smithsonian Institution or the National Museum on conditions and under regulations the Regents prescribe.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21306 36:20 (last sentence). Jan. 4, 1889, ch. 20, (last sentence), 25 Stat. 640.

The words "historical material" are substituted for "material for history" for clarity. The words "at their discretion" are omitted as unnecessary.

§21307. Annual report

The corporation shall submit an annual report to the Secretary of the Smithsonian Institution on the activities of the corporation and the condition of historical study in America. The Secretary shall submit to Congress any part of the report the Secretary decides is appropriate.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21307 36:20 (4th, 5th sentences). Jan. 4, 1889, ch. 20, (4th, 5th sentences), 25 Stat. 640.

The word "activities" is substituted for "proceedings" for consistency in the revised title. The words "any part of the report the Secretary decides is appropriate" are substituted for "whole of such reports, or such portion thereof as he shall see fit" to eliminate unnecessary words.


Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed on page 192), see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance.

CHAPTER 215—AMERICAN HOSPITAL OF PARIS

Sec.
21501.
Organization.
21502.
Purpose.
21503.
Governing body.
21504.
Acquisition and management of property.
21505.
Charges for medical services.
21506.
Principal office.
21507.
Nonapplication of audit requirements.

        

§21501. Organization

(a) Federal Charter.—American Hospital of Paris (in this chapter, the "corporation") is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21501 36:4901. Jan. 30, 1913, ch. 21, §1, 37 Stat. 654.
  36:4909. Jan. 30, 1913, ch. 21, §9, 37 Stat. 655; Sept. 19, 1962, Pub. L. 87–673, 76 Stat. 557; Oct. 1, 1965, Pub. L. 89–231, §2, 79 Stat. 901.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§21502. Purpose

The purpose of the corporation is to maintain a hospital in the vicinity of Paris, France, to provide medical and surgical care to citizens of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21502 36:4903 (words before 8th comma less "gratuitously or otherwise"). Jan. 30, 1913, ch. 21, §3 (words before 8th comma less "gratuitously or otherwise"), 37 Stat. 654.

The word "maintain" is substituted for "establish, maintain, and conduct" to eliminate executed and unnecessary words. The word "aid" is omitted as included in "care".

§21503. Governing body

(a) General.—(1) The board of governors is the governing body of the corporation.

(2) The board shall have at least 12 governors, divided into 3 classes of equal numbers. One class of governors shall be elected each year for a term of 3 years or until their successors are elected. The corporation shall elect the governors at its annual meeting.

(b) Quorum.—Five governors are a quorum for the transaction of business, except that a majority vote of the board is required for—

(1) the sale or alienation of any real or personal estate of the corporation; or

(2) the leasing of real estate of the corporation for a term of more than one year.


(c) Powers.—The board may—

(1) adopt and amend bylaws, as may be necessary and proper, related to—

(A) elections and meetings;

(B) qualifications and duties of governors and officers;

(C) admission and qualifications of members; and

(D) management and disposition of the property, business, and concerns of the corporation;


(2) conduct all business of the corporation;

(3) fill, until the next annual election, a vacancy on the board; and

(4) appoint attending and resident physicians and surgeons, agents, assistants, and attendants as may be necessary, set their compensation, and discharge them.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21503(a) 36:4904 (1st sentence). Jan. 30, 1913, ch. 21, §§4 (1st sentence), 6, 37 Stat. 655; Apr. 12, 1974, Pub. L. 93–266, 88 Stat. 85.
  36:4905. Jan. 30, 1913, ch. 21, §§5, 7, 8, 37 Stat. 655.
  36:4906.  
21503(b) 36:4908.  
21503(c) 36:4907.  

Subsection (a) is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary and obsolete language.

In subsection (c)(1), before clause (A), the words "and not contrary to law" are omitted as unnecessary.

In subsection (c)(2), the words "and manage" and "and concerns" are omitted as unnecessary.

In subsection (c)(3), the words "occasioned by death, resignation, or otherwise" are omitted as unnecessary.

§21504. Acquisition and management of property

The corporation may acquire, own, lease, encumber, and transfer property, in the United States and France, to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21504 36:4902. Jan. 30, 1913, ch. 21, §2, 37 Stat. 654; June 14, 1929, ch. 23, 46 Stat. 11; Oct. 1, 1965, Pub. L. 89–231, §1, 79 Stat. 901.

The words "may acquire, own, lease, encumber, and transfer" are substituted for "is authorized to take by purchase, gift, grant, devise, and bequest, and to hold, mortgage, lease, transfer, and convey" for consistency in the revised title and to eliminate unnecessary words. The words "real and personal" are omitted as unnecessary. The words "to carry out the purpose of the corporation" are substituted for "for the purposes of the said corporation" and "as may be deemed necessary for the wants or development of the corporation or any of them" for consistency in the revised title and to eliminate unnecessary words.

§21505. Charges for medical services

The corporation may charge a reasonable compensation for providing medical and surgical services or may provide those services without charge. Amounts received under this section shall be used to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21505 36:4903 ("gratuitously or otherwise" and words after 8th comma). Jan. 30, 1913, ch. 21, §3 ("gratuitously or otherwise" and words after 8th comma), 37 Stat. 654.

The words "may charge" are substituted for "it shall be lawful for the said corporation to demand and receive" to eliminate unnecessary words. The words "medical and surgical services" are substituted for "such care, sustenance, professional treatment, and other services" to eliminate unnecessary words. The words "to carry out the purposes of the corporation" are substituted for "be applied to the uses and benefits of the said corporation" for consistency.

§21506. Principal office

The principal office of the corporation shall be in the District of Columbia. However, offices may be maintained and meetings of the board of governors and committees may be held elsewhere.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21506 36:4904 (last sentence). Jan. 30, 1913, ch. 21, §4 (last sentence), 37 Stat. 655.

§21507. Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21507 (no source).  

The section is added to except the American Hospital of Paris from the application of section 10101 of the revised title, restating 36:1101–1103, which imposes audit requirements on certain federally chartered corporations. The Hospital is not included in the list of corporations set out in 36:1101 to which the audit requirements apply.

CHAPTER 217—THE AMERICAN LEGION

Sec.
21701.
Organization.
21702.
Purposes.
21703.
Membership.
21704.
Powers.
21704A.
Nondiscrimination.
21705.
Exclusive right to name, emblems, and badges.
21706.
Political activities.
21707.
Service of process.
21708.
Annual report.

        

Editorial Notes

Amendments

2019Pub. L. 116–35, §4(b), July 30, 2019, 133 Stat. 1047, added item 21704A.

§21701. Organization

(a) Federal Charter.—The American Legion (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21701(a) 36:41. Sept. 16, 1919, ch. 59, §§1, 2, 41 Stat. 284.
  36:42.  
21701(b) 36:44 (words before 4th semicolon related to perpetual succession). Sept. 16, 1919, ch. 59, §4 (words before 4th semicolon related to perpetual succession), 41 Stat. 285; June 26, 1953, ch. 153, §1, 67 Stat. 82.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary and obsolete language.

§21702. Purposes

The purposes of the corporation are—

(1) to uphold and defend the Constitution of the United States;

(2) to promote peace and good will among the peoples of the United States and all the nations of the Earth;

(3) to preserve the memories and incidents of the 2 World Wars and the other great hostilities fought to uphold democracy;

(4) to cement the ties and comradeship born of service; and

(5) to consecrate the efforts of its members to mutual helpfulness and service to their country.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21702 36:43. Sept. 16, 1919, ch. 59, §3, 41 Stat. 285; Oct. 29, 1942, ch. 633, §1, 56 Stat. 1012; July 26, 1955, ch. 386, §1, 69 Stat. 379; Sept. 1, 1966, Pub. L. 89–550, §1, 80 Stat. 371.

In clause (1), the words "of America" are omitted.

§21703. Membership

An individual is eligible for membership in the corporation only if the individual—

(1) has served in the Armed Forces of—

(A) the United States at any time during—

(i) the period from April 6, 1917, through November 11, 1918; or

(ii) any time after December 7, 1941; or


(B) a government associated with the United States during a period or time referred to in subclause (A) of this clause and was a citizen of the United States when the individual entered that service; and


(2) was honorably discharged or separated from that service or continues to serve honorably during or after that period or time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297; Pub. L. 105–354, §1(6), Nov. 3, 1998, 112 Stat. 3244; Pub. L. 107–309, §1, Dec. 2, 2002, 116 Stat. 2449; Pub. L. 116–35, §3, July 30, 2019, 133 Stat. 1046.)

Historical and Revision Notes
Pub. L. 105–225
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21703 36:45. Sept. 16, 1919, ch. 59, §5, 41 Stat. 285; Oct. 29, 1942, ch. 633, §2, 56 Stat. 1012; July 9, 1946, ch. 546, 60 Stat. 524; Dec. 28, 1950, ch. 1177, 64 Stat. 1122; July 26, 1955, ch. 386, §2, 69 Stat. 380; Sept. 1, 1966, Pub. L. 89–550, §2, 80 Stat. 372; Dec. 27, 1974, Pub. L. 93–557, 88 Stat. 1792; Aug. 17, 1978, Pub. L. 95–346, 92 Stat. 485; Dec. 21, 1979, Pub. L. 96–155, 93 Stat. 1165; Oct. 30, 1990, Pub. L. 101–478, 104 Stat. 1157; Dec. 2, 1991, Pub. L. 102–179, 105 Stat. 1229.

In clause (1), the words "armed forces" are substituted for "naval or military services" and "military or naval service" for clarity. In subclause (A), the word "through" is substituted for "all dates inclusive" for clarity. In subclause (B), the words "a government associated with the United States during a period referred to in subclause (A) of this clause and was a citizen of the United States when the individual entered that service" are substituted for "who, being a citizen of the United States at the time of entry therein . . . of any governments associated with the United States during said wars or hostilities" for clarity.

In clause (2), the words "after that period" are substituted for "after any of the aforesaid terminal dates" to eliminate unnecessary words.

Pub. L. 105–354

This amends section 21703(1)(A)(iv) of title 36 to reflect changes made by Public Law 105–110 (Nov. 20, 1997, 111 Stat. 2270).


Editorial Notes

Amendments

2019—Par. (1)(A). Pub. L. 116–35, §3(1)(A), substituted "during—" for "during any period from—" in introductory provisions, added cls. (i) and (ii), and struck out former cls. (i) to (vii) which set out specific time periods one had to serve in the United States Armed Forces in order to be eligible for membership in the corporation.

Par. (1)(B). Pub. L. 116–35, §3(1)(B), inserted "or time" after "a period".

Par. (2). Pub. L. 116–35, §3(2), inserted "or time" after "that period".

2002—Par. (2). Pub. L. 107–309 inserted "during or" after "continues to serve honorably".

1998—Par. (1)(A)(iv). Pub. L. 105–354 substituted "February 28, 1961" for "December 22, 1961".


Statutory Notes and Related Subsidiaries

Findings and Sense of Congress

Pub. L. 116–35, §2, July 30, 2019, 133 Stat. 1043, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) Since the end of World War II, the Federal Government has designated specific periods of war, the dates of which are important for qualification for certain benefits or membership in veterans organizations established by Congress.

"(2) In between those recognized periods of war, during so-called peacetime eras, the United States military has been involved in not fewer than 12 known eras, which are unrecognized by the United States Government as periods of war, resulting in numerous United States personnel combat casualties.

"(3) Those 12 unrecognized war eras occurred at the direction of the then President of the United States, with full knowledge and consent of the then Congress.

"(4) The first of those 12 unrecognized war eras involving active United States military personnel was the Greek Civil War, fought in Greece from 1946 to 1949 between the army of the Government of Greece, supported by active military personal of the United States and the United Kingdom, and the Democratic Army of Greece, the military branch of the Communist Party of Greece.

"(5) During the Greek Civil War, one member of the Armed Forces of the United States sacrificed his life in service to the United States, and five others suffered non-combat deaths.

"(6) The second of those unrecognized war eras involving active United States military personnel was the Chinese Civil War, which occurred during the aftermath of World War II.

"(7) During the Chinese Civil War, the United States military equipped, trained, transported, and supplied the Kuomintang-led Government of the Republic of China with approximately $4,430,000,000 in its resistance to the Communist Party of China.

"(8) During the Chinese Civil War, 14 members of the Armed Forces of the United States sacrificed their lives in service to the United States, 150 non-combatants of the United States lost their lives in the war, and 51 were wounded, resulting in 215 United States military casualties.

"(9) The third unrecognized war era involving active United States military personnel is known as the Cold War.

"(10) The Cold War was a period spanning from approximately 1947 until 1991 when the Soviet Union collapsed.

"(11) Although no direct large-scale military fighting occurred between the militaries of the United States and the Soviet Union, active United States military personnel served in multiple regional conflicts during the Cold War, resulting in the deaths of not fewer than 32 members of the Armed Forces who sacrificed their lives in service to the United States and not fewer than 12 additional casualties.

"(12) The fourth unrecognized war era involving active United States military personnel is known as the China Cold War.

"(13) The China Cold War started when the Kuomintang-led Government of the Republic of China retreated to the island of Taiwan and lasted until 1972, after President Richard Nixon conducted a landmark state visit to China.

"(14) During the military operations of the China Cold War, not fewer than 16 members of the Armed Forces of the United States sacrificed their lives in service to the United States.

"(15) The fifth unrecognized war era involving active United States military personnel was the Lebanon Crisis of 1958, which involved more than 14,000 United States personnel and resulted in the death of one member of the Armed Forces who sacrificed his life in service to the United States and five non-combat deaths.

"(16) The sixth unrecognized war era involving active United States military personnel was the Bay of Pigs invasion in April 1961.

"(17) The Bay of Pigs invasion was a failed military invasion of Cuba undertaken by a United States military group sponsored by the Central Intelligence Agency that resulted in not fewer than one death of a member of the Armed Forces who sacrificed his life in service to the United States and 19 non-combat deaths.

"(18) The seventh unrecognized war era involving active United States military personnel was the Cuban Missile Crisis, which took place between October 16 and October 28, 1962.

"(19) The Cuban Missile Crisis directly related to homeland protection against the deployment of a Soviet ballistic missile in Cuba.

"(20) During the Cuban Missile Crisis, one member of the Armed Forces sacrificed his life in service to the United States and 19 others died as non-combatants.

"(21) The eighth unrecognized war era involving active United States military personnel was the Dominican Civil War in 1965.

"(22) Operations during the Dominican Civil War resulted in the deaths of 27 members of the Armed Forces who sacrificed their lives in service to the United States, 20 non-combat-related deaths, and 283 wounded.

"(23) The ninth unrecognized war era involving active United States military personnel was the Iran Hostage Crisis, which lasted from November 4, 1979, through January 20, 1981.

"(24) The Iran Hostage Crisis involved military intervention by the United States which resulted in the deaths of 8 members of the Armed Forces who sacrificed their lives in service to [the] United States.

"(25) The tenth unrecognized war era involving active United States military personnel was the Salvadoran Civil War.

"(26) The Salvadoran Civil War lasted more than 12 years, through the terms of two Presidential administrations of the United States, and resulted in the deaths of 22 members of the Armed Forces who sacrificed their lives in service to the United States, 15 non-combat deaths, and 35 other casualties.

"(27) The 11th unrecognized war era involving active United States military personnel started on April 5, 1986, when the La Belle discotheque in West Berlin, Germany, was bombed, killing two United States soldiers and wounding 79 other members of the Armed Forces, which triggered what became known as the Libyan Conflict.

"(28) The military operations of the Libyan Conflict included numerous air strikes by United States military forces and resulted in the deaths of two members of the Armed Forces who sacrificed their lives in service to the United States.

"(29) The Libyan Conflict led to the 12th unrecognized war era involving active United States military personnel, known collectively as the Persian Gulf Conflicts, which lasted from July 24, 1987, through September 26, 1988.

"(30) The Persian Gulf Conflicts involved United States military missions to protect Kuwaiti-owned oil tankers which represented the largest United States naval convoy operation since World War II.

"(31) The Persian Gulf Conflicts resulted in numerous military operations and the deaths of not fewer than 39 members of the Armed Forces who sacrificed their lives in service to the United States and 31 wounded.

"(32) Since the armistice that ended the hostilities of the Korean War on January 31, 1955, nearly 100 active United States military personnel have sacrificed their lives in service to the United States in South Korea, and more than 132 people of the United States have been wounded in-country.

"(33) Since January 1, 1947, through all of the unrecognized war eras involving active United States military personnel, not fewer than 778 combat and non-combat members of the Armed Forces have sacrificed their lives in service to the United States and not fewer than 797 have been wounded.

"(34) Since January 1, 1947, the unrecognized war eras involving active United States military personnel who were wounded and killed serving their country were administered under orders from the commander in chief and with the consent of Congress, proving that the United States has been conducting deadly wartime service to protect the country consistently since December 7, 1941.

"(35) Eligibility for membership in The American Legion is determined by Congress through the establishment of specific dates of declared and officially recognized hostilities in which United States military personnel are on active service.

"(36) The American Legion provides invaluable services to its members and supports the community of veterans who sacrificed in service of the United States.

"(37) Membership in The American Legion allows veterans to engage in public service activities, such as supporting Boys and Girls State and Nation, youth mentorship programs, and benefit assistance, career fairs, and employment assistance for veterans.

"(38) The American Legion has gone on record as supporting the 12 unrecognized war eras involving active United States military personnel since the beginning of World War II.

"(39) The American Legion has aided, assisted, and comforted the families of the men and women who were called to serve or volunteered to serve during all of the unrecognized war eras and continues to provide support to veterans of those eras.

"(40) The American Legion has commended the heroic actions of all military personnel who risked their lives in defense of freedom during each of the unrecognized war eras involving active United States military personnel.

"(b) Sense of Congress.—It is the sense of Congress that, in accordance with the history, tradition, and purposes of The American Legion, it is fair, proper, and reasonable that the privilege of membership in The American Legion should be extended to all military personnel who served on active military duty during all of the unrecognized war eras involving active United States military personnel."

§21704. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations to carry out the purposes of the corporation;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices to conduct its activities;

(4) establish State and territorial organizations and local chapter or post organizations;

(5) provide guidance and leadership to organizations and local chapters established under paragraph (4), but may not control or otherwise influence the specific activities and conduct of such organizations and local chapters;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) publish a magazine and other publications;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297; Pub. L. 112–66, §1, Dec. 13, 2011, 125 Stat. 768.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21704 36:44 (words before 4th semicolon less perpetual succession, words after 5th semicolon). Sept. 16, 1919, ch. 59, §4 (words before 4th semicolon less perpetual succession, words after 5th semicolon), 41 Stat. 285; June 26, 1953, ch. 153, §1, 67 Stat. 82.
  36:47. Sept. 16, 1919, ch. 59, §7, 41 Stat. 285.

In this section, the text of 36:47 is omitted as executed and obsolete.

In clause (1), the words "not inconsistent with the laws of the United States or of any State" are omitted as unnecessary.

In clause (2), the words "at pleasure" are omitted as unnecessary.

In clause (3), the word "activities" is substituted for "business" for consistency in the revised title.

Clause (5) is substituted for "to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes" for consistency in the revised title and to eliminate unnecessary words.

In clause (7), the words "in courts of law and equity" are omitted as unnecessary.

In clause (8), the words "do any other act" are substituted for "generally to do any and all such acts and things" for consistency in the revised title and to eliminate unnecessary words.


Editorial Notes

Amendments

2011—Pars. (5) to (9). Pub. L. 112–66 added par. (5) and redesignated former pars. (5) to (8) as (6) to (9), respectively.

§21704A. Nondiscrimination

The requirements for holding a staff position in the corporation may not discriminate on the basis of race, color, religion, sex, or national origin.

(Added Pub. L. 116–35, §4(a), July 30, 2019, 133 Stat. 1046.)

§21705. Exclusive right to name, emblems, and badges

The corporation and its State and local subdivisions have the exclusive right to use the name "The American Legion" or "American Legion". The corporation has the exclusive right to use, manufacture, and control the right to manufacture, emblems and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21705 36:44 (words between 4th and 5th semicolons). Sept. 16, 1919, ch. 59, §§4 (words between 4th and 5th semicolons), 8, 41 Stat. 285; June 26, 1953, ch. 153, 67 Stat. 82.
  36:48.  

The word "sole" is omitted as included in "exclusive". The words "to have and", "in carrying out its purposes", and "in carrying out the purposes of the corporation" are omitted as unnecessary.

§21706. Political activities

The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21706 36:46. Sept. 16, 1919, ch. 59, §6, 41 Stat. 285.

The words "as an organization" are omitted as unnecessary.

§21707. Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21707 36:50. Sept. 16, 1919, ch. 59, §9 1/2, 41 Stat. 285.

The word "precedent" is omitted as unnecessary. The words "with the secretary of state or other designated official" are substituted for "in the office of the secretary of state" for consistency in the revised title. The words "post-office" and "authorized" are omitted as unnecessary.

§21708. Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21708 36:49. Sept. 16, 1919, ch. 59, §9, 41 Stat. 285; Aug. 30, 1964, Pub. L. 88–504, §4(3), 78 Stat. 636.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

CHAPTER 219—THE AMERICAN NATIONAL THEATER AND ACADEMY

Sec.
21901.
Organization.
21902.
Purposes.
21903.
Powers.
21904.
Exclusive right to name.
21905.
Restrictions.
21906.
Headquarters and meetings.
21907.
Service of process.
21908.
Annual report.

        

§21901. Organization

(a) Federal Charter.—The American National Theater and Academy (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21901(a) 36:3301. July 5, 1935, ch. 373, §§1, 3 (related to perpetual succession), 49 Stat. 457, 458.
21901(b) 36:3303 (related to perpetual succession).  

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§21902. Purposes

The purposes of the corporation include—

(1) the presentation of theatrical productions of the highest type;

(2) the stimulation of public interest in the drama as an art belonging both to the theater and to literature and to be enjoyed both on the stage and in the study;

(3) the advancement of interest in the drama throughout the United States by furthering the production of the best plays, interpreted by the best actors at a minimum cost;

(4) the further development of the study of drama of the present and past in our universities, colleges, schools, and elsewhere; and

(5) the sponsoring, encouraging, and developing of the art and technique of the theater through a school within the National Academy.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21902 36:3302 (last sentence). July 5, 1935, ch. 373, §2 (last sentence), 49 Stat. 458.

Before clause (1), the word "include" is substituted for "shall embrace" for consistency in the revised title.

In clause (3), the words "of America" are omitted as unnecessary.

§21903. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices and buildings to conduct its activities;

(4) establish State and territorial organizations and local branches;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation, subject to its constitution and instructions of donors;

(6) sue and be sued; and

(7) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21903 36:3303 (less perpetual succession). July 5, 1935, ch. 373, §§3 (less perpetual succession), 7, 49 Stat. 458, 459.
  36:3307.  

In clause (1), the words "to carry out its purposes not inconsistent with the laws of the United States or any States" are omitted as unnecessary.

In clause (2), the words "at pleasure" are omitted as unnecessary.

In clause (3), the word "activities" is substituted for "business" for consistency in the revised title.

Clause (5) is substituted for "to receive, hold, own, use, mortgage, and dispose of such real estate and personal property as shall be necessary for its corporate purposes" in 36:3303 and for 36:3307 for consistency in the revised title and to eliminate unnecessary words.

In clause (6), the words "in the courts of law and equity" are omitted as unnecessary.

In clause (7), the words "do any other act" are substituted for "generally to do all such acts and things" for consistency in the revised title and to eliminate unnecessary words.

§21904. Exclusive right to name

The corporation and its State and local branches and subdivisions have the exclusive right to use the name "The American National Theater and Academy".

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21904 36:3305. July 5, 1935, ch. 373, §5, 49 Stat. 458.

The word "sole" is omitted as included in "exclusive". The words "to have" are omitted as included in "to use". The words "in carrying out its purposes" are omitted as unnecessary.

§21905. Restrictions

(a) Profit and Stock.—The corporation shall be nonprofit and may not issue stock.

(b) Political Activities.—The corporation shall be nonpolitical and nonsectarian, and may not promote the candidacy of an individual seeking public office.

(c) Honorary Members.—The corporation may not have honorary members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21905(a) 36:3302 (1st sentence). July 5, 1935, ch. 373, §§2 (1st sentence), 4, 49 Stat. 458.
21905(b) 36:3304 (1st sentence).  
21905(c) 36:3304 (last sentence).  

In subsection (a), the word "capital" is omitted for consistency in the revised title.

In subsection (b), the words "as an organization" are omitted as unnecessary.

§21906. Headquarters and meetings

The corporation may have its headquarters and hold its meetings at places the corporation decides are best.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21906 36:3306. July 5, 1935, ch. 373, §6, 49 Stat. 458.

The word "may" is substituted for "be, and is hereby, authorized to" to eliminate unnecessary words. The words "within or without the District of Columbia" and "from time to time" are omitted as unnecessary.

§21907. Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of the District of Columbia or of each State, territory, or possession of the United States in which its headquarters, branches, or subdivisions are located, the name and address of an agent in that jurisdiction on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21907 36:3309. July 5, 1935, ch. 373, §9, 49 Stat. 459.

The words "precedent", "herein", and "or conferred" are omitted as unnecessary. The words "with the secretary of state or other designated official" are substituted for "in the office of the Secretary or the properly designated officer", and the words "territory, or possession of the United States" are substituted for "Territory", for consistency in the revised title. The words "post-office" and "authorized" are omitted as unnecessary. The words "in that jurisdiction" are added for clarity.

§21908. Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year, including a complete report of its receipts and expenditures. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21908 36:3308. July 5, 1935, ch. 373, §8, 49 Stat. 459; Aug. 30, 1964, Pub. L. 88–504, §4(4), 78 Stat. 636.

The word "submit" is substituted for "make and transmit", and the word "activities" is substituted for "proceedings", for consistency in the revised title. The word "full" is omitted as included in "complete".

CHAPTER 221—THE AMERICAN SOCIETY OF INTERNATIONAL LAW

Sec.
22101.
Organization.
22102.
Purposes.
22103.
Governing body.
22104.
Powers.
22105.
Restrictions.
22106.
Principal office.
22107.
Records and inspection.
22108.
Service of process.
22109.
Liability for acts of officers and agents.

        

§22101. Organization

(a) Federal Charter.—The American Society of International Law (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22101(a) 36:341. Sept. 20, 1950, ch. 958, §§1, 5 (related to perpetual succession), 10, 64 Stat. 869, 871, 872.
22101(b) 36:345 (related to perpetual succession).

36:350.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§22102. Purposes

The purposes of the corporation are—

(1) to foster the study of international law; and

(2) to promote the establishment and maintenance of international relations on the basis of law and justice.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22102 36:342 (1st sentence).